Governor's Council rejects another Patrick nominee for judge

The Governor's Council on Wednesday rejected Shelbey Wright, Gov. Deval Patrick's pick for a seat on the Roxbury Division of the Boston Municipal Court, over objections to her work on drug forfeiture cases as a federal prosecutor. The vote was 4-4, and the governor's office was unable to break the tie because the lieutenant governor's office is vacant.

Shelbey Wright probably wishes Tim Murray had remained as lieutenant governor, rather than resigning to take a job in his hometown of Worcester.

Objecting to her work on drug forfeiture cases as a federal prosecutor, the Governor's Council on Wednesday rejected Wright, Gov. Deval Patrick's pick for a seat on the Roxbury Division of the Boston Municipal Court.

Wright faced intensive questioning during her interview with the council, and councilors afterward said they were unsure whether she would have the votes needed for confirmation. She didn’t.

Wright is an assistant U.S. Attorney responsible for prosecuting health care fraud. From 1995 until 2005, she worked in the asset forfeiture unit, where she became chief of the unit in July 1999. She graduated from Harvard University Law School and Brown University.

The vote on Wright was 4-4, and the governor's office was unable to break the tie because the lieutenant governor's office is vacant. Normally, the lieutenant governor presides at council meetings and is eligible to cast tie-breaking votes if the governor is present. Lt. Gov. Tim Murray resigned in May to become president of the Worcester Chamber of Commerce.

Councilors Jennie Caissie, Robert Jubinville, Michael Albano and Marilyn Devaney voted against Wright's nomination. Patrick, who presided over the meeting, listened to the no votes, and then quickly moved on with the meeting without any comment on his nominee’s rejection.

Wright is the third Patrick judicial nominee to be rejected by the council since late last year.

In late May, the council voted 4-3 to reject Worcester District Court judicial nominee Stephen Anderson. Southern Berkshire District Court nominee Michael McCarthy was twice rejected by the council, most recently in February.

Jubinville, of Milton, said he found Wright’s work on cases involving property forfeiture in drug cases “troubling.” He said in two separate cases, Wright as the federal prosecutor chose to pursue property forfeitures from innocent wives of drug suspects, despite knowing the women had no knowledge of the criminal activity.

In one case, the widow had lived in the house for 30 years, and there was no evidence that any drug money was used to purchase or pay for the house, according to Jubinville. Her husband, who was the subject of the federal charges, had committed suicide.

Jubinville said Wright acknowledged she had the discretion to drop the case after the husband’s death, but decided not to.

In another case, an innocent women’s son committed suicide while the government pursued taking the family home, he said.

“What’s troubling to me is the fact that in the two cases, and I asked her this, I said ‘What was the point of forfeiting the house after the husband committed suicide? You knew she had nothing to do with the crime. Doesn’t the government have enough houses? Don’t they have enough money?” Jubinville said.

Page 2 of 2 - Jubinville also said he could not defend himself if asked why he appointed a career federal prosecutor to a position on the district court bench.

“What troubles me about this nominee, aside from the fact she has no experience in the district court to speak of, is she has committed her life in the federal system, not the state system,” said Jubinville, a defense attorney. “I find that, although she had people speak on her behalf about her commitment to the community, I find it troubling and hard to justify with the actions of these cases that people died in families over these forfeiture hearings.”

At her confirmation hearing, no one testified against Wright’s nomination. Her list of handpicked witnesses included her husband, Rev. David Wright of Hyde Park; Lisa Talbot of the U.S. Attorney’s office; Steven Brooks of Brooks & Crowley LLP, and Rev. Darcia Parham of the People’s Baptist Church of Roxbury.

Councilor Eileen Duff defended Wright.

“I actually find this appointee to be, although she may not have tried many cases, or any cases in this court, one of the best appointees we have ever seen,” Duff said. “She lives in this community. She knows this community. She speaks and understands the language of folks in this community, and at this time in history, we need women and men like her on that bench.”

“I would find it, frankly, shameful if she did not go through today. She is exactly what I think we need on the bench,” Duff added.

Devaney said it was difficult for her to vote no because she liked the nominee, but she also had concerns about appointing her because of the cases Jubinville discussed. Devaney cited the case where the man committed suicide.

“Before he was even buried attorney Shelbey Wright sought to take the house away from an innocent wife,” Devaney said.

Caissie said Wright was not qualified to sit on the district court bench. Wright did not know the elements used in issuing restraining orders, something district court judges do on a daily basis, Caissie said.

“Restraining orders for district court is 101. It is kindergarten stuff,” she said.

Along with Duff, councilors Oliver Cippolini, Christopher Iannella, and Terrence Kennedy voted in her favor.